This Part shall apply where a Federal, State or local inmate
under sentence for conviction of a crime who is seeking
to commence a civil action or proceeding, other than a proceeding
brought under CPLR article 78 that alleges a failure to
correctly award or certify jail time credit due an inmate,
brings a motion for permission to proceed as a poor person
pursuant to article 11 of the Civil Practice Law and Rules
("CPLR"). For purposes of this Part:

(i) "appropriate correctional official" shall mean the
superintendent or other public official in charge of the
facility where the inmate is confined and

(a) As required by subdivision (f) of section 1101 of the
CPLR, and in addition to such other papers as may be required
by law, such inmate shall complete and file with the court
the form affidavit referred to in subdivision (d) of that
section along with the summons and complaint or petition
or notice of petition or order to show cause. Such affidavit
shall be in the form set forth in Appendix A-1 of this Part.

(b) Upon receipt of an inmate's motion, the court may assign
an index number to the underlying action or proceeding or,
in a court other than Supreme or County Court, such other
filing number as is appropriate to the court. The motion shall
thereupon be assigned to a judge of the court who, prior to
disposition thereof, shall cause to be obtained such information
concerning the inmate's trust fund account as is required
by paragraph one of subdivision (f) of section 1101 of the
CPLR.

Historical Note
Sec. filed June 5, 2000 eff. June 1, 2000.

Section
140.3 Disposition of motion.

(a) Form of order. Upon determining an inmate's motion
for permission to proceed as a poor person, the court shall
issue an order, which shall be in the form set forth in Appendix
A-2 of this Part.

(b) Order granting motion. Where a court grants an inmate's
motion for permission to proceed as a poor person, and the
court's order requires the inmate to make an initial payment
of a portion of the filing fee that is imposed, the inmate
may not file a request for judicial intervention in the action
or proceeding, nor shall the court report any outstanding
fee obligation to the appropriate correctional official, to
be collected from the inmate's trust fund account, until such
initial payment is fully received by the court. Once such
initial payment is fully received by the court, or where the
court's order does not require the inmate to make an initial
payment, the action or proceeding may go forward as if all
fees required therein had been paid and the court shall report
such amount of the filing fee as remains unpaid as an outstanding
obligation, to be collected from the inmate's trust fund account,
to the appropriate correctional official.

(c) Order denying motion. Where a court denies an inmate's
motion for permission to proceed as a poor person, the inmate
may not file a request for judicial intervention in the action
or proceeding until the inmate pays the proper index number
or first paper fee, as appropriate, to the court. In the event
no such payment is made within 120 days of the date of the
order, the action or proceeding shall be dismissed by the
court.

Historical Note
Sec. filed June 5, 2000 eff. June 1, 2000.

Section
140.4 Special procedure where fee is collected from a source
other than an inmate's trust fund account.

Where:

(i) a court issues an order granting an inmate's motion
for permission to proceed as a poor person and reports some
or all of the filing fee imposed pursuant to such order
to the appropriate correctional official as an outstanding
obligation to be collected from the inmate's trust fund
account; and

(ii) thereafter the inmate or a person acting on his or
her behalf pays the amount of the outstanding obligation
to the clerk of the court, the court shall forthwith issue
an order directing the appropriate correctional official
to cease collection of the obligation and to restore to
the inmate's trust fund account any funds theretofore withheld
therefrom to satisfy the obligation. Such order shall be
in the form set forth in Appendix A-3 of
this Part.

Historical Note
Sec. filed June 5, 2000 eff. June 1, 2000.

Section
140.5 Claims in the Court of Claims.

This Part shall not apply where an inmate seeks to commence
a claim in the Court of Claims. Such an inmate must comply
with the provisions of section 206.5-b of these rules.

Historical Note
Sec. filed June 5, 2000 eff. June 1, 2000.

Section 140.6 Appendices.

________________COURT

________________COUNTY

________________ x

Plaintiff,

Defandant,

Affidavit in Support of Application Pursuant to CPLR
1101 (Poor Person Status for an Inmate)
INDEX/FILE#
DIN#

________________
x
State of New York)

(ss:

County of _____________)
____________ being duly sworn, says:

1. I am the Plaintiff/Petitioner in the above-captioned
action/proceeding: I am an inmate under sentence for conviction
of a crime incarcerated
in (include name and mailing address) _______________________________________
, a federal / state / local correctional facility; and I
submit this affidavit in support of my application for poor
person
status in such proceeding.

2. During the past six months:

[ ] I was not incarcerated at any other federal/state/local
correctional facility.

[ ] I was incarcerated in the following federal/state/local
correctional facilities) (include name(s) and mailing address(es))
in addition to the facility in which I am now incarcerated:

_________________________________________________

_________________________________________________

3. I currently receive income from the following sources,
exclusive of correctional facility wages:

_________________________________________________

_________________________________________________

4. I own the following property (list all real and personal
property, including bank accounts and securities in which
you have a beneficial interest, other than miscellaneous personal
property of nominal value):

Property:

Value:

____________________

____________________

____________________

____________________

____________________

____________________

5. I am responsible for payment of the following debts:

Debt

Amount:

____________________

____________________

____________________

____________________

____________________

____________________

6. I have no savings, property, assets or income other than
as set forth herein.

7. I am unable to pay the costs, fees and expenses necessary
to prosecute the above- captioned action/proceeding.

8. There is no other person who has a beneficial interest
in the recovery I am seeking in the above-captioned action/proceeding
who is able to pay the fees, costs and expenses necessary
to its prosecution.

9. The nature of the above-captioned action/proceeding and
the facts therein are described in my pleadings and in other
papers filed with the court.

10. I have made no prior request for this relief in the
above-captioned action/proceeding.

__________________________
(signature)

Sworn to before me this _____ day

of ____________, _____

____________________
NoMarch 11, 2009 AUTHORIZATION

I, _______________, inmate number _______________ request
and authorize the agency holding me in custody to send to
the Clerk of the Court certifies copies of the correctional
facility trust fund account statement (or the institutional
equivalent) for the past six months.

In the event my application for poor person status in the
above-captioned action/proceeding is granted by the Court,
I further request and authorize the agency in which I an incarcerated
to deduct the amount of any outstanding obligation reported
so such agency by the Court pursuant to CPLR 1101(f)(2) from
my correctional facility trust fund account (or institutional
equivalent) and to disburse such money as instructed by the
Court.

This authorization is furnished in connection with the above-captioned
action/proceeding, and shall be valid as to any agency into
whose custody I may hereafter be transferred.

I UNDERSTAND THAT THE FULL AMOUNT OF THE OUTSTANDING OBLIGATION
REFERRED TO HEREIN WILL BE PAID BY AUTOMATIC DEDUCTION FROM
MY CORRECTIONAL FACILITY TRUST FUND ACCOUNT EVEN IF MY CASE
IS DISMISSED.

Nature of action/proceeding: _____________________, being
a federal/state/local inmate under sentence for conviction
of a crime and having
made application pursuant to CPLR 1101 poor person status
in the above-captioned action/proceeding.

It is hereby ORDERED that this application is:

[ ] DENIED, and, as required by section 1101 of the CPLR,
all applicable filing fees in the action/proceeding must be
paid within 120 days of the date of this order, or else the
action/proceeding shall be deemed dismissed without further
order of the Court.

[ ] GRANTED, and the applicant/inmate is directed to pay
a reduced filing fee of $_____ dollars and he or she shall
be liable for no other fees in the action/proceeding before
this Court unless a recovery by judgment or by settlement
is had in his or her favor in which event the Court may direct
him or her to pay out of the recovery all or part of such
fees as are hereby forgiven.

It is further ORDERED:

[ ] That, the Court having found that the applicant/inmate
can reasonably afford same, the applicant/inmate IS REQUIRED
to make an initial payment of $_____ of the reduced filing
fee required hereunder; and that, once such initial payment
is fully received by the court, the amount of the difference
between such initial payment and the reduced filing fee required
hereunder, or $_____, shall be assessed as an outstanding
obligation of the applicant inmate and reported to the superintendent
or other public official in charge of the facility where the
applicant/inmate is confined, who shall collect such amount
from the applicant/inmate in the same manner as mandatory
surcharges are collected pursuant to section 60.35(5) of the
Penal Law.

[ ] That, the Court having found that exceptional circumstances
render the applicant/inmate unable to pay any filing fee at
this time, the applicant/inmate IS NOT REQUIRED to make any
initial payment to the Court of a portion of the reduced filing
fee required hereunder; and that the full amount of the filing
fee required hereunder, or $_____ , shall be reported to the
superintendent or other public official in charge of the facility
where the applicant/inmate is confined, who shall collect
such amount from the applicant/inmate in the same manner as
mandatory surcharges are collected pursuant to section 60.35(5)
of the Penal Law.

[ ] ____________________________________________

_______________________________________________

_______________________________________________

____________________

____________________

Date

Judge

(APPENDIX A-3)

_________________COURT
STATE OF NEW YORK

_________________COUNTY

_________________ x

In the Matter of the Correctional
Facility Trust Fund Account of

ORDER to Rescind Order of Collection of
a Civil Filing Fee from an Inmate's Trust
Account

INDEX/FILE#
ORI#

_________________x

This Court,

Having issued an order dated ___/___/___: (1) granting _________________,
an inmate at __________________ (name of Correctional Facility),
poor person status in __________________ (name of case); (2)
requiring such inmate to pay a filing fee in such case in
the amount of $_____ ; and (3) directing the Superintendent
or other public official in charge of the aforesaid Correctional
Facility to collect some or all of such filing fee from the
inmate's Correctional Facility Trust Fund Account or institutional
equivalent, and

Now having received notice that the Clerk of this Court
has received payment of the filing fee in full directly from
the inmate or a person or persons acting on his/her behalf,

It is hereby ORDERED that so much of the aforesaid order
directing the Superintendent or other public official in charge
of the aforesaid Correctional Facility to collect some or
all of such filing fee from the inmate's Correctional Facility
Trust Fund Account or institutional equivalent is rescinded,
and that any funds heretofore withheld from such Account pursuant
to the aforesaid order shall be restored to such Account.